Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-09-02

This year the United States celebrates
the one hundredth anniversary of the
framing of the national constitution. In
l7S7 the ablest jurists and publicists of
the thirteen States assembled together
and for months deliberated with a wis
dom and political prudence which CON
tfnues to arouse the admiration OF the
profoundest students of politics. This
constitution with every sentence
carefully constructed, can be read by all.
by the side of the English constitution
which has never been codfed and COM
mitted to parchment, it seems simple in
deed. The English constitution is I'M
written, it exists in its common law, in
custom, and in an innumerable number
OF individual acts which together 90 TO
make up presidents. To Americans such
basis of government seems unstable.
We wonder how the English can suffer to
live in a state of what seems to us
uncertainty, instead of having tables
of law upon which they can rest with au-
thority. Americans, therefore, have ever
gloried in their written constitution which
they consider the higher form of politi-
cal institution. Without dwelling how
ever, on the constitution which was the
result of the deliberations of the delegates
to the constitutional convention in 1877,
we wish to call attention to the fact that
there is in reality in the United States,
an unwritten constitution, whose origin
no man can date and whose anniversary no
celebration can honor. Our unwrtten
constitution may be considered from two
points of view. In the first place there is
that unwritten constitution which prac-
tically nullifes certain parts of the written
constitution. AS an illustration of this
point consider, for example, the institution
of the electoral college. This has never
fulfilled the purpose and expectation of
the trainers of the constitution. 1t was
expected that the electors would cast their
votes for president and vice president,
without compulsion, fear, or favor. This
is never done. The electoral college is a
useless piece of political machinery; and
in so far the constitution has been fail
ure. In other words there is a clause in
our unwritten constitution which is bind
ing upon the political actions of men and
which has all the force of written law.
Another illustration may perhaps be
found in the provisions for impeachment.
1t would be rash to say that the
act of impeachment will not be
resorted to in the futurs. 1t
is safe, however, to prophecy that re-
sort to it will be less and less common
and that there is good reason to believe
that it will sometime so fall into disuse,
that proposal to resort to 1t again would
be regarded as revolutionary. parallel
case may be found in English politics.
The crown has the right of veto, but has
not exercised it since the reign OF Queen
Anne in the first part of the last century.
While the right theoretically remains, no
adviser of the crown would dare in these
days, to propose that it be exercised.
Again the growth of our unwrtten con
stitution is found in certain doctrines
! which are pretty firmly believed by the
whole country, which are stoutly maiu-
tanned with almost complete unanimity,
and which, nevertheless, have never been
incorporated into written law and consti
| tuition. OF these doctrines the fathers Of
the republic had no conception, or doubt
less they would have expressed opinion.
Side by side of the constitution their beliefs
have been developed, until now they are
to all intents and purposes Of equal dignity.
The tenacious and persistent advocacy of
the Monroe doctrine is case in point.
American political thinking and even
legislation rests upon this doctrine with
all the assurance and calmness that it
could if the doctrine that the United
States would not tolerate foreign inter-
ference with the republic Of the new world
WAS formally expressed in the constitu-
ton of 1887.
1t is yet too early to assert that
this nation will never permit a president
to serve in the White House for more than
two terms but one can readily SEE that
if existing sentiment should intensity in
the future as it has in the past, with re-
spect to this question, there would be an
additional amendment to our unwrtten
constitution.
Our nation has existed but short time
in comparison with England. By the time
that it has spanned the centuries of Eng
lish history, 1t is highly probable that the
United States will be in possession OF an
unwritten constitution of no little impor
lance.